Constitution of India, 1950, Article 226, 227, Punjab Land Revenue Act, 1887, Section 16, 121 -- Instrument of partition - Forum to challenge - Partition finalized - Sanad Taksim issued - No provision of appeal or revision against order u/s 121 of the Act vide which Revenue Officer prepares instrument of partition - After completion of partition proceedings Revenue..........
Punjab Land Revenue Act, 1887, Section 16 -- Concealment of facts - Partition proceedings - Some respondents proceeded ex-parte - AC Ist ordered partition of land - Application for setting aside ex-parte order - Dismissed - No appeal filed - Appeal filed against original order of partition - Allowed by Collector vide non speaking order - Upheld by Commissioner - Respondent..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123 -- Land purchased 20 years back vide single sale deed - Compromise affected at that time - Parties in possession of their respective shares, constructed room and installed electric motors - Application for partition of land - Mode of partition prepared after spot..........
Punjab Land Revenue Act, 1887, Section 16, 111, 112, 113, 114, 115, 116, 117 -- Partition of Land - Naksha Bey confirmed by AC Ist Grade - Collector in appeal set aside the order and remanded matter back with specific directions - Again same Naksha Bey approved by AC Ist Grade without complying with directions - Collector again remanded matter back with specific directions..........
Punjab Land Revenue Act, 1887, Section 16 -- Revision - Locus standi - Aggrieved party - Partition proceedings completed - Final order of partition passed - One co-sharer filed appeal before Collector against said order - No appeal filed by other co-sharers - Appeal dismissed - Other co-sharer filed revision against the order of Collector before Commissioner - No locus..........
Punjab Land Revenue Act, 1887, Section 13, 16, 121, 122 -- Partition proceeding completed - Sanad taksim prepared - Possession delivered to co-sharers as per instruments of partition - No appeal or revision competent before Revenue Authorities - Aggrieved party can only approach Civil Court...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition of land - Objections to Naksha `Be'- Land fragmented into small pieces - Consolidation of holdings important factor while partitioning of joint land - Case remanded back to AC Ist for re-examination - AC Ist to pass final order after spot inspection...........
Punjab Land Revenue Act, 1887, Section 111, 116 -- Partition - Objection that the suit regarding ownership of land pending in the Civil Court - Question of title determind and decided by the Civil Courts, attained finality - Partition proceedings to contiune...........
Punjab Land Revenue Act, 1887, Section 111, 116 -- Partition - Mode of partition finalised by AC-Ist Grade - Agreed by both the parties - Subsequently challenged by one of the parties - No locus standi to approach the Higher Revenue Authorities after giving consent...........
Punjab Land Revenue Act, 1887, Section 123 -- Affirmation of partition privately affected between co-sharers - General Law (i) Directory or Mandatory - The affirmation of the Revenue Officer of the private partition in revenue record is directory, (ii) Role of Revenue Officer - 'Affirmator' of partition. Affirmation is subject to verification of factum of partition...........
